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How to Document Your Personal Injury Compensation Claims Personal injury lawyers can help injured victims receive fair compensation. Documenting your losses is essential to receive the full amount of damages. This includes keeping track of your medical treatment and out-of-pocket expenses. Economic damages include the costs of your past and future medical expenses, as well as lost wages. Also, it covers the pain and suffering you endured, as well as the loss of companionship. Statute of limitations If you have been injured due to another person's wrongful negligence or action it is imperative to act quickly and file a personal injury lawsuit before the statute of limitations runs out. Bolingbrook injury attorneys of limitations are legal time restrictions that shield the parties from unnecessary litigation by preventing claims from being filed after the deadline has passed. The time limitations vary by state and type of claim and they are often subject to special or limited exceptions. In New York, for example when you want to file a lawsuit for injuries sustained in a car accident the statute of limitations are three years. For other civil actions that involve negligence such as medical negligence or product liability, as well as wrongful death the statute of limitation is two years. A lawyer can assist you in determining the statute of limitations that applies to your case, and ensure that it is filed on time. An experienced lawyer can review your case to determine if there are extensions or waivers that might be available. It is important to be aware that even the time your statute of limitations is over, you may have other claims for compensation related to your injuries. This includes workers' compensation and Social Security disability benefits. However, it is best to speak with an attorney about your case as soon as possible, so that they can advise you of all your options. In the majority of cases, your statute of limitations begins to run on the date of the incident that led to your injury. In certain situations, such as exposure to toxic substances or medical malpractice the limitation period does not begin until you realize that you would have known that your injury was caused by a negligent act. This is referred to as the discovery rule. There are a few rare instances in which the statute of limitations is “tolled”, or suspended. These scenarios are factual and require an experienced personal injury lawyer to look into. The attorneys at Littman & Babiarz can assist you if have been injured by an unintentional act of another. Contact us today to arrange an appointment for a free consultation. Damages The goal of a personal injury claim is to receive financial compensation from the party responsible for your injuries. The legal term used to describe this is “damages.” There are two kinds of damages that are general and special. General damages are intended to compensate you for costs resulting from your injury, such as medical bills, lost income and suffering and pain. Funeral expenses and emotional distress could be included in the special damages. If your loved one died because of reckless behavior by another person, you could be able to recover wrongful death damage. A court must establish four elements to find the responsible party liable for your injury such as breach of duty, causation, and damages. To establish a defendant's duty to be legally bound to act responsibly in the specific situation. Negligence is the failure to meet this obligation. The injury you suffered was directly resulting from a breach of this duty. To be eligible for damages, the injury must have caused serious harm or caused significant damage. A car crash that results in a severed hand would cause significant medical expenses, and most likely loss of income. The defendant's careless or reckless actions directly caused the injury. The wrongful death claim can include funeral and burial costs for your loved one, and emotional pain you or your family have experienced. Non-financial damages are more difficult to calculate. Your lawyer will employ a variety of methods to determine the worth of your pain. Keep a journal to record your daily pain level as well as how your injuries have affected you physically physical, emotionally, and physically. This can help you prove your case. Many insurance companies underestimate the value of these damages in order to avoid paying higher settlements. In rare cases you may be able to seek punitive damages to punish the negligent party. These damages are only available when jurors or judges believe that the defendant's behavior was particularly obscene. This kind of compensation is usually granted in cases involving drunk driving accidents, or malicious acts, as well as nursing home abuse. To be eligible for these additional damages, you must show to your lawyer that the defendant's actions were motivated by malice, willfulness, or oppression or an avowed indifference towards the consequences of their actions. Settlements The amount you receive for your injuries is contingent on how your case is determined. If your case goes to trial the jury will decide what they will pay you for your injuries and losses. In many cases parties, however, they agree to settle their claims outside of the courtroom. This means they can avoid the time and cost of a trial. Additionally, it allows victims to collect their compensation earlier than they would if they waited for the trial process to be completed. The settlement for a personal injury includes damages that are both economic and non-economic. The former covers costs like medical expenses as well as lost wages and property damage. The latter covers aspects like suffering, pain and loss of enjoyment your life. It can be difficult to quantify the value on these damages, but an experienced lawyer can assist you in determining the worth of your injuries. Insurance companies usually offer a settlement to settle your case prior to it goes to trial. They will review the evidence you have collected and determine what they think your claim is worth. You may be required to submit a demand letter, which includes your evidence and a request for an appropriate compensation amount. Most likely, you will receive a counter-offer by the insurance company, which is usually less than what you asked for. Your lawyer can negotiate with the insurer to reach an acceptable settlement for your injuries. If you have an appropriate claim, the settlement will cover your medical expenses and other out-of-pocket expenses related to the accident. In some cases the settlement may also include a portion of the future treatment that your doctor predicts you'll require due to your injury. In some cases, a settlement will include loss of consortium/companionship compensation if your injury led to the loss of a loved one. This type of compensation is typically granted to children or spouses who have suffered due to the death of their loved ones due to an accident caused by the negligence of another. Punitive damages can be awarded if the defendant is found to have been particularly negligent. This kind of payment is intended to punish the defendant, and to discourage others from engaging in reckless behavior. Filing a Lawsuit Once someone has contacted an attorney for personal injuries the next step is collecting evidence of their losses. Documents like medical records, police reports, and insurance policies may be included. Include documentation of property damage or lost income in your claim. If the parties are unable to reach an agreement, the plaintiff's attorney may bring a lawsuit against the defendant. The complaint will outline the claimant's version of events, outline how the defendant's actions harmed them, and request relief in the form of monetary compensation. A summons is also filed and personally served to the defendant as a notice that they are being accused of a crime. The defendant then has the time to reply. During this time both sides will go through the discovery phase in which each side will investigate the other's claims and defenses. This can be a lengthy process that may require lots of documents. A lawyer can assist in prepare for trial by arranging for expert witnesses and obtaining evidence. They can also help calculate damages. They may also request an equitable settlement from the insurance company. The insurance company could accept, deny or counteroffer the offer. It is essential to have an attorney who is knowledgeable of the law to protect your rights and maximize recovery. The right attorney will be able to look through all the evidence to confirm that your losses are compensated. They can also assist you to reduce unnecessary costs and track the amount you're entitled to. New York law allows for each person to be compensated for their share of the responsibility if more than one person is responsible for an accident. A knowledgeable attorney can help with workers' compensation cases. Some personal injury cases might require the assistance of experts in fields like economics, medicine, and engineering. Your lawyer will assist you select an appropriate specialist to testify and help support your case. Depending on the circumstances, certain cases could be tried in court, while others will settle outside of the court.